9.  The applicants describe themselves as being of Macedonian ethnicity and are members of the United Macedonian Organisation Ilinden – PIRIN (“UMO Ilinden – PIRIN”).
10.  UMO Ilinden – PIRIN apparently has close links with the United Macedonian Organisation Ilinden, an association based in south‑west Bulgaria (in an area known as the Pirin region or the geographic region of Pirin Macedonia), that makes yearly attempts to organise commemorative events on various sites in Pirin Macedonia. During the period 1994‑2003 these rallies were, with minor exceptions, systematically banned by the authorities (see Stankov and the United Macedonian Organisation Ilinden v. Bulgaria, nos. 29221/95 and 29225/95, ECHR 2001‑IX, and The United Macedonian Organisation Ilinden and Ivanov v. Bulgaria, no. 44079/98, 20 October 2005). Also, this association was refused registration in 1990‑91 and again in 1998‑99 (see The United Macedonian Organisation Ilinden and Others v. Bulgaria (dec.), no. 59491/00, 9 September 2004).
11.  On 29 February 2000 UMO Ilinden – PIRIN, which had in the meantime obtained registration as a political party, was declared unconstitutional by the Constitutional Court, and as a result dissolved (see The United Macedonian Organisation Ilinden – PIRIN and Others v. Bulgaria, no. 59489/00, 20 October 2005).
12.  On 3 August 1998 the second applicant, acting on behalf of the members and the followers of UMO Ilinden – PIRIN, informed the mayor of Sofia that a rally had been planned for 10 August 1998 – the anniversary of the 1913 Bucharest Treaty[1] – in the public garden in front of the National Theatre. Approximately one hundred people were expected to turn up. The applicant assured the mayor that no disturbances would occur during the event.
13.  The same day, 3 August 1998, the mayor of Sofia issued an order prohibiting the rally pursuant to section 12(2)(2) of the Meetings and Marches Act. He opined, without giving further reasons, that the event would “create conditions for breaches of the public order”. A copy of the order was sent to the Sofia police authorities for enforcement.
14.  Apparently no appeal was made against the order.
15.  On 1 September 1998 the first applicant, acting on behalf of the members and the followers of UMO Ilinden – PIRIN, informed the mayor of Sofia that a rally had been planned for 12 September 1998 between 12 noon and 2 p.m. in front of the National Theatre. He stated that the event would be in commemoration of the “[d]ay of the genocide against the Macedonians”. Approximately one hundred and twenty persons were expected to take part. The applicant assured the mayor that the event would be entirely peaceful and that no disturbances would occur.
16.  The next day, 2 September 1998, the mayor issued an order banning the rally pursuant to section 12(2)(2) of the Meetings and Marches Act. The order stated that the event would “create conditions for breaches of the public order”, without giving further reasons. A copy of the order was sent to the Sofia police authorities for enforcement.
17.  The same day the first applicant lodged an appeal against the order with the Sofia District Court. He argued that the order was not reasoned and that there were no grounds to anticipate that the planned rally would pose a threat to public order. If the local authorities were allowed to prohibit public events without specifying the reasons for doing so, that would render nugatory the legal guarantees of freedom of assembly.
18.  On 8 September 1998 the Sofia District Court ruled in private that it had no jurisdiction to examine the appeal. It held that the mayor’s order had to be appealed first before the Executive Committee of the People’s Council, as provided in section 12(4) of the Meetings and Marches Act. The person concerned could resort to the court only if such an appeal was unsuccessful. Accordingly, the court discontinued the judicial proceedings and sent the appeal to the Executive Committee of the People’s Council. The ruling was apparently not notified to the first applicant.
19.  Since on 12 September 1998 the mayoral ban had not been overturned, the applicants informed the members and followers of UMO Ilinden – PIRIN that the rally would not take place.
20.  On 17 September 1998 the first applicant, who had in the meantime apparently learned about the Sofia District Court’s ruling of 8 September 1998 (see paragraph 18 above), appealed against it to the Sofia City Court. He argued that the court had erred in referring the appeal to the Executive Committee of the People’s Council. This body was mentioned in the Meetings and Marches Act, which had been enacted prior to the Constitution of 1991, when the municipal authorities had been structured differently. Under the Constitution of 1991 the Executive Committee, which had been part of the executive branch of the local authorities, had ceased to exist. It was erroneous to hold that the Municipal Council – the municipal legislative body – was the successor to the Executive Committee, and as such competent to examine appeals against orders of the mayor. Moreover, the Municipal Council convened at long intervals, which had prevented it from examining the appeal in time for the planned rally.
21.  The Sofia City Court dismissed the appeal in a decision of 19 March 2002. It held that, by section 12(4) of the Meetings and Marches Act, the organiser of a rally could appeal against the mayoral ban to the Municipal Council, which had to rule on the appeal within twenty‑four hours. Only if the Municipal Council dismissed the appeal the dispute could be brought before the court. By section 35(2) of the Administrative Procedure Act, judicial review of administrative acts was only possible if the administrative remedies had been exhausted, or the time‑limit for doing so had expired. In the case at hand no administrative appeal had been lodged, whereas the appeal to the Sofia District Court had been lodged on 2 September 1998, i.e. before the expiry of the twenty‑four hours’ time‑limit laid down in section 12(4) of the Meetings and Marches Act. The court went on to state that the argument that the Municipal Council convened at long intervals and was hence not in a position to examine the appeal in time was unavailing, because, on the one hand, an infelicitous legal rule still had to be complied with, and on the other, if the administrative body failed to rule on the appeal within twenty‑four hours, the planned event could take place, as provided by section 12(5) of the Meetings and Marches Act. Furthermore, it could not be said that the Municipal Council did not have the power to rule an appeal against the mayoral ban, because by the terms of section 21(2) of the Local Self‑Government and Local Administration Act it could decide on all questions of importance for the local community.
22.  The first applicant appealed to the Supreme Court of Cassation, reiterating his arguments.
23.  The Supreme Court of Cassation dismissed the appeal in a final decision of 11 March 2003. It held that the Sofia City Court’s disposition of the case had been correct, although it did not support the reasoning given by that court. By the time the Sofia City Court had decided the case – more than three and a half years after the date of the planned event – the first applicant had no longer had any interest in appealing against the ban. Moreover, such an interest had been lacking even at the time of the lodging of the appeal against the Sofia District Court’s ruling.